VZCZCXYZ0018
OO RUEHWEB

DE RUEHJA #2875/01 3041118
ZNR UUUUU ZZH
O 311118Z OCT 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1644
RUEAUSA/DEPT OF HHS WASHDC IMMEDIATE
RUEAORC/US CUSTOMS AND BORDER PROTECTION WASHINGTON DC IMMEDIATE
INFO RUEHGP/AMEMBASSY SINGAPORE PRIORITY 5536

UNCLAS JAKARTA 012875 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MTS 
U.S. CUSTOMS AND BORDER PROTECTION FOR OIA/EBRANSON AND 
OIA/BOHEARN 
SINGAPORE FOR DHS/ICE MKING AND DHS/CBP PDAY 
 
E.O. 12958: N/A 
TAGS: ECON ETRD ID
SUBJECT: INDONESIA READY TO FINALIZE CUSTOMS MUTUAL 
ASSISTANCE MOU 
 
REF: OCTOBER 31 DHS CBP/OIA ELIZABETH BRANSON EMAIL 
     TO DHS IE ATTACHE MATTHEW KING 
 
¶1.  (U) This is an action request for U.S. Customs Border 
Protection and State EAP/MTS. Please see para 4. 
 
¶2.  (SBU) Summary: The Indonesian Directorate General of 
Customs & Excise (DGCE) and U.S. Customs and Boarder 
Protection are close to finalizing a Memorandum of 
Understanding (MOU) on Customs Matters between the U.S. and 
Indonesia.  Embassy believes the MOU would advance economic 
cooperation between our two countries, and recommends that it 
be prioritized for announcement at the upcoming POTUS visit 
to Indonesia next month.  End Summary. 
 
¶2.  (SBU) DGCE Deputy Director of International Cooperation 
Agung Kuswandono on October 30 provided us with a signed 
official letter (full text in para 5) stating that the 
Government of Indonesia perceives every agreement it enters 
into with another government to be legally binding, including 
the proposed Memorandum of Understanding (MOU) on Customs 
Matters Between the U.S. and Indonesia.  Attached to Agung's 
letter is an October 18 Indonesian language letter from the 
Department of Foreign Affairs (Deplu) that includes a legal 
interpretation making the same determination.  Agung also 
informed us on October 31, that, while he still needs to 
consult with his colleagues, his initial impression is that 
Indonesia Customs could accept U.S. Customs and Border 
Protection's (CBP) October 30 clarifications on the draft MOU 
(ref).  He added, however, that he would still like the CBP 
General Counsel to respond to Indonesia's requests for 
clarifications on three remaining points that CBP did not 
address in its October 30 response (ref). 
 
¶3.  (SBU) Agung's letter and subsequent response to the 
latest U.S. MOU draft and clarifications, in our view, 
eliminate significant obstacles that had been standing in the 
way of finalizing the document.  Embassy believes the MOU 
would boast economic cooperation between our two countries, 
especially in the area of customs enforcement, and recommends 
that it be prioritized as a potential deliverable for the 
upcoming POTUS visit to Indonesia. 
 
¶4.  (SBU) Begin Action request: To maximize the possibility 
of finalizing the agreement in advance to the POTUS visit, we 
request the following assistance from State and Department of 
Homeland Security/CBP: 
 
-- We request CBP General Counsel respond as soon as possible 
to Indonesia Customs' three remaining requests for answers 
and clarifications; 
 
-- We ask State EAP/MTS to coordinate with CBP and L to 
ensure that C-175 authority for the MOU (if necessary) is 
approved in an expeditious manner; 
 
-- We request CBP/State send via front channel cable 
authorization for the Ambassador to sign the agreement once 
the text is finalized. 
 
¶5.  (SBU) Begin Text of Indonesia Customs Letter: 
 
October 30, 2006 
 
Mr. Tobias Glucskman 
International Trade and Investment Officer 
Embassy of the United States of America 
Jakarta 
 
Dear Mr. Glucksman, 
 
Following our recent phone conversation in relation to the 
Memorandum of Understanding on Customs Matters between our 
two Governments, I would like to inform you that the 
Government of the Republic of Indonesia has a perception that 
every agreement made with other Government, including 
Memorandum of Understanding (MOU) is legally binding. 
Enclosed herewith the letter from the Ministry of Foreign 
Affairs of the Republic of Indonesia concerning that matters 
for your consideration. 
 
I hope this information could be useful in order to continue 
the discussion of the MOU between our two governments 
regarding mutual assistance on customs matters. 
 
 
Thank you for your kind attention and we look forward to 
hearing from you. 
 
Yours Sincerely, 
 
Agung Kuswandono 
Deputy Director of International Cooperation 
End Text of Indonesia Customs Letter. 
HEFFERN